Wood County Commission approves former deputy’s reinstatement
Wood County Commissioners Robert Tebay, Jimmy Colombo and Blair Couch signed off on the reinstatement of Della Matheny to the Wood County Sheriff’s Department as a sergeant during Monday’s meeting. (Photo by Brett Dunlap)
Wood County Commissioner Jimmy Colombo comments on the settlement reached which ended the legal action between Della Matheny and the county. Matheny was reinstated as a sergeant in the Wood County Sheriff’s Department and was paid a settlement of $275,000. (Photo by Brett Dunlap)
Wood County Commissioners Robert Tebay, Jimmy Colombo and Blair Couch signed off on the reinstatement of Della Matheny to the Wood County Sheriff’s Department as a sergeant during Monday’s meeting. (Photo by Brett Dunlap)
Wood County Commissioner Jimmy Colombo comments on the settlement reached which ended the legal action between Della Matheny and the county. Matheny was reinstated as a sergeant in the Wood County Sheriff’s Department and was paid a settlement of $275,000. (Photo by Brett Dunlap)
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PARKERSBURG -- The Wood County Commission Monday approved the reinstatement of a former Wood County deputy sheriff as part of a settlement in a lawsuit against the county and a former sheriff.
The commission agreed to sign-off on the reinstatement of Sgt. Della Matheny to the Sheriff's Department. The approval comes following action by the Wood County Civil Service Commission recently approving on the judge's order.
On March 11, Pleasants County Circuit Court Judge Timothy L. Sweeney approved a settlement between Matheny and the County Commission, the Sheriff's Department and Steve Stephens, the former sheriff.
Under the terms of the agreement, Matheny is to be reinstated as a sergeant and receive $275,000 to settle the lawsuit.
Matheny resigned from the sheriff's department in July 2021 and filed the suit the following November, alleging Stephens harassed female employees, created a hostile work environment and violated the West Virginia Human Rights Act and whistleblower laws.
The settlement agreement was contingent upon Matheny's reinstatement at her previous rank and with credit for service since her original hiring date of July 1, 2013. The Service Commission approved the action and recommended the commission do so as well.
Commissioner Jimmy Colombo commended the Civil Service Commission.
''They are very good people and do a great job,'' he said.
When a lawsuit like this happens the commission is the agency that is the insurer for the entire county, Colombo said, adding since the suit was against the former sheriff, the county commission was included in the lawsuit.
He said there was confusion with the letter the Civil Service Commission sent the County Commission, making it sound like it was the Civil Service Commission hiring her back when it is ultimately the County Commission's decision. He asked Prosecutor Pat Lefebure to pen a letter to the Civil Service Commission to make that clear.
County officials said when the lawsuit was filed, their insurance company hired a law firm to represent them in this matter. The settlement was worked out with them.
''I will say this,'' Colombo said. ''I do know Della. She is a very nice lady. When she worked here, she was all business. I would hire her.''
Commissioner Robert Tebay said he seconded everything Colombo said.
Sheriff Rick Woodyard said there is a spot for Matheny in the department and the budget can absorb her $55,379 salary.
"She just filled one of the three openings that we have," he said.
Matheny's return will give the department one more sergeant than usual. Woodyard said the rank structure is being evaluated and if it isn't changed, the number would return to normal through attrition.
With the court's approval and her reinstatement, the settlement ends Matheny's legal action against Stephens, the sheriff's department and the commission. It states the payment of the $275,000 is not an admission of guilt by any party.
Allegations in the suit included that Stephens created abusive working conditions and engaged in a series of retaliatory acts such as stalking, targeting, unfair discipline and ostracization against Matheny, leading to her resignation.
Stephens has denied the accusations in court filings. Stephens retired and resigned as sheriff effective Dec. 1, 2021.
Commission-candidate Roger Conley, who attended the meeting Monday, asked how much of the $275,000 settlement was paid by the insurance company and how much was paid by the county.
Commission President Blair Couch said they had a $15,000 deductible they had to meet. They have a $15,000 deductible they have to meet on each lawsuit, he added.
Conley also asked about a story in The Parkersburg News and Sentinel on March 2 about part of an investigative report that was not released.
Colombo said a settlement had been reached in the case when that came out and the judge was unaware at that time the settlement had been reached.
''The lawsuit had been settled, but not signed off on yet,'' Colombo said of when that ruling was initially made.
Conley submitted a Freedom of Information Act request to the commission and presented a copy to The Parkersburg News and Sentinel. He asked questions about how much of the settlement had to be paid by the county, about other pending lawsuits and liability insurance, among others.
Matheny's attorney Bill Merriman did not immediately respond to a request for comment.
Contact Brett Dunlap at bdunlap@newsandsentinel.com
Contact Evan Bevins at ebevins@newsandsentinel.com